1923_CHINESE_EXTRADITION_ORDINANCE__1889 — Page 6

434

Power to Governor to order discharge. Second

No. 7 of 1889.

CHINESE EXTRADITION:

13. Except where any proceedings are actually pending upon a writ of habeas corpus before the Supreme Court, and in such case with the concurrence in writing of the judge having cognizance thereof, the Governor may at any time, Forin No. 7. by order under his hand and seal, discharge a fugitive

criminal from, custody.

Schedule

Discharge if dored within two months.

not surren-

Aiders and abettors in extradition crime. ¦

Protection

and others

warrant or

· order..!

14. If a fugitive criminal who has been committed to prison under this Ordinance to await the order of the Governor is not surrendered and conveyed out of the Colony within two months after such committal, a judge may, on application made to him by or on behalf of the fugitive criminal and on proof that reasonable notice of the intention to make such application has been given to the Crown. Solicitor, order the fugitive criminal to be discharged out of custody, unless sufficient cause is shown to the contrary.

15. Every person who is accused or convicted of having counselled, procured, commanded,, aided, or abetted the commission of any extradition crime or of being accessory before the fact to any extradition crime shall be deened, for the purposes of this Ordinance, to be accused or convicted of. having committed such crime, and shall be liable to bet apprehended and surrendered accordingly.

16. If any action or suit is brought against a magistrate, of magistrate the Superintendent of Prisons, a gaoler, police officer, or any acting under other person for anything done under or in obedience to any warrant or order issued under the provisions of this Ordinance, the proof of such warrant or order shall be a sufficient answer to such action or suit, and the defendant, on such proof as aforesaid, shall be entitled to a verdict or judgment accordingly and shall also be entitled to all costs of suit.

Formis.

Second

Schedule.

17. The forms in the Second Schedule or forms to the like effect, with such variations and additions as circumstances may require, may be used for the purposes therein indicated and according to the directions therein contained, and instru ments in those forms shall (as regards the form thereof) be valid and sufficient.

* As amended by Law Rev. Ord., 1923.

1

evel

mac

pro sha Go

circ:

or c

thel banl publ

circ

pap

1

{

10

dire

by &

1.

1:

1:

1.

1.

1

-1-

1

1:

20